Valdez, Ex Parte Alberto

• Court: Court of Criminal Appeals of Texas
• Decided: November 10, 2004
• Docket: AP-75,039
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

AP- 75,039 EX PARTE ALBERTO VALDEZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM NUECES COUNTY

Per curiam.

O P I N I O N

In his subsequent application for a writ of habeas corpus, applicant claimed that he is mentally retarded. We determined that applicant had met the requirements of Code of Criminal Procedure Article 11.071, § 5, and we remanded to the trial court for findings of fact and conclusions of law. The trial court held an evidentiary hearing and found that applicant is mentally retarded. The record supports the trial court's findings. Ex parte Briseno, 135 S.W.3d 1 (Tex. Crim. App. 2004). Accordingly, we grant relief. We reform

applicant's sentence to life imprisonment in the Texas Department of Criminal Justice Correctional Institutions Division.

Delivered November 10, 2004

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